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James B. Jacobs

Stateville penitentiary in Illinois has housed some of Chicago's most infamous criminals and was proclaimed to be "the world's toughest prison" by Joseph Ragen, Stateville's powerful warden from 1936 to 1961. It shares with Attica, San Quentin, and Jackson the notoriety of being one of the maximum security prisons that has shaped the public's conception of imprisonment. In Stateville James B. Jacobs, a sociologist and legal scholar, presents the first historical examination of a total prison organization—administrators, guards, prisoners, and special interest groups.

 Jacobs applies Edward Shils's interpretation of the dynamics of mass society in order to explain the dramatic events of the past quarter century that have permanently altered Stateville's structure. With the extension of civil rights to previously marginal groups such as racial minorities, the poor, and, ultimately, the incarcerated, prisons have moved from society's periphery toward its center. Accordingly Stateville's control mechanisms became less authoritarian and more legalistic and bureaucratic. As prisoners' rights increased, the preogatives of the staff were sharply curtailed. By the early 1970s the administration proved incapable of dealing with politicized gangs, proliferating interest groups, unionized guards, and interventionist courts.

 In addition to extensive archival research, Jacobs spent many months freely interacting with the prisoners, guards, and administrators at Stateville. His lucid presentation of Stateville's troubled history will provide fascinating reading for a wide audience of concerned readers.

 ". . . [an] impressive study of a complex social system."—Isidore Silver, Library Journal

The University of Chicago Press

Studies in Crime and Justice

Stateville: The Penitentiary in Mass Society

Leo Katz

The author of Ill-Gotten Gains uses philosophy and psychology to examine how human behavior can be questioned under criminal law.

Henri plans a trek through the desert. Alphonse, intending to kill Henri, puts poison into his canteen. Gaston also intends to kill Henri but has no idea what Alphonse has been up to. He puncture’s Henri’s canteen, and Henri dies of thirst. Who has caused Henri’s death? Was it Alphonse? Gaston? Or neither?

Strange conundrums like this one have fascinated lawyers and no lawyers for centuries, raising problems of causation, intention, negligence, necessity, duress, complicity, and attempt. With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying these moral, linguistic, and psychological puzzles that plague the criminal law. Drawing on insights from analytical philosophy and psychology, he brings order into the seemingly endless multiplicity of these puzzles: many of them turn out to be variations of a few basic philosophical problems, making their appearance in different guises. To test his arguments, Katz moves far beyond the traditional body of exemplary criminal law cases. He brings into view the decisions of common law judges in colonial and postcolonial Africa, famous cases such as the Nuremberg trials, Aaron Burr’s treason, and ABSCAM, as well as well-known incidents in fiction.

Praise for Bad Acts and Guilty Minds

“Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles.” —Edward N. Costikyan, New York Times Book Review

“With its novel combination of theoretical and interdisciplinary learning, its refreshingly new approach to old problems, and the easy accessibility made possible by the lightness of its style, Katz’s book should become a classic in the field for years to come. I would recommend it to beginning law students and lay persons interested in an introduction to the field, as well as to criminal law academics interested in furthering their already well-developed understanding of criminal law theory.” —Michael S. Moore, author of Law and Psychiatry: Rethinking the Relationship

Bad Acts and Guilty Minds: Conundrums of the Criminal Law